header-logo header-logo

27 March 2008 / Shantanu Majumdar KC
Issue: 7314 / Categories: Features , Regulatory , Insurance / reinsurance , Commercial
printer mail-detail

A matter of some interest

Is it time to update insurance law in the light of the Gambling Act 2005? asks Shantanu Majumdar

What is the difference between insurance and gambling? Historically, the legal answer was that the insured must have an insurable interest in the subject matter of the insurance whereas the gambler can bet on just about anything so long as bookmaker and odds are available. The distinction was important since contracts of wager were unenforceable by reason of s 18 of the Gambling Act 1845 and insurance effected by an insured without such an interest was a contract of wager. Like so much of English Law, its piecemeal development by a patchwork of statute (principally the Life Assurance Act 1774 (LAA 1774) and the Marine Insurance Act 1906) and case law has meant that the result is uneven and to some extent illogical. In particular, although generalisation is difficult and imprecise:

 

  • in indemnity insurance—where recovery is measured by the existence and extent of the insured’s actual loss, the rule was that by the time of any loss the insured
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll